Court upholds Commissioner’s Contention: A Single Insurance Code Violation Can Constitute Bad Faith Without Evidence of a General Business Practice

On Behalf of | Oct 2, 2018 | Bad Faith, Firm News, Insurance Bad Faith, Insurance Commissioner, Insurance Litigation Blog, Policy Interpretation, Regulations, Unfair Business Practices/Unfair Competition

Every insurance policy, including disability, life, health or accidental death policies, contains an implied covenant of good faith and fair dealing between the insurance company and the insured. This covenant requires that insurance companies refrain from acting in a...

Policyholder Wins Handed Down in Insurance Decisions. Daily Journal Publishes McKennon Law Group PC Article.

On Behalf of | Feb 12, 2014 | Breach of Contract, Case Updates, Disability Insurance, Disability Insurance News, Duty to Defend, Duty to Settle, ERISA, Firm News, Insurance Bad Faith, News, Unfair Business Practices/Unfair Competition

The February 10, 2014 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled:  “Policyholder Wins Handed Down in Insurance Decisions.”  In it, Mr. McKennon discusses six insurance decisions handed down in California and federal courts in...

Supreme Court Reaches Favorable Decision for Insureds in Zhang v. Superior Court of San Bernardino; Daily Journal Publishes McKennon Law Group PC Article on Zhang

On Behalf of | Aug 7, 2013 | Case Updates, Firm News, Insurance Bad Faith, Unfair Business Practices/Unfair Competition

The Wednesday August 7, 2013 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled:  “Clear win for insureds, though scope uncertain.”  In it, Mr. McKennon discusses how a highly anticipated decision by the California Supreme Court in...

Insurance Companies Must Show “Substantial Prejudice” to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

On Behalf of | Nov 8, 2012 | Breach of Contract, Case Updates, Firm News, Insurance Bad Faith, Unfair Business Practices/Unfair Competition

Following the August 2009 Station Fire, the lawsuits of over 1,440 policyholders filed against Fire Insurance Exchange (“FIE”) and related insurers were consolidated into one case – Henderson v. Farmers Group, Inc., __ Cal.App.4th __, 2012 Cal. App. LEXIS 1108...

Cause of Action Asserted Against Blue Cross for Violation of Montana’s Unfair Trade Practices Act is Not Preempted by ERISA

On Behalf of | Nov 9, 2011 | ERISA, ERISA - Preemption, Firm News, Health/Medical Insurance, Unfair Business Practices/Unfair Competition

In a recent decision, the Ninth Circuit Court of Appeals ruled that ERISA does not preempt causes of action based on unfair insurance practice claims brought under Montana’s Unfair Trade Practices Act.  However, the Court did find that Montana’s so-called “little...

Unfair Insurance Practices Act Can Give Rise To Private Cause Of Action Under UCL

On Behalf of | Jan 19, 2010 | Case Updates, Firm News, Insurance Bad Faith, News, Unfair Business Practices/Unfair Competition

The California Court of Appeal recently addressed the question of whether a violation of the Unfair Insurance Practices Act can give rise to a civil cause of action under the Unfair Competition Law (“UCL”).  The court answered the question in the affirmative.  In...

California Supreme Court Holds that Only the Class Representative Needs to Meet the Standing Requirements of Proposition 64 to Pursue a Representative Action

On Behalf of | Jan 14, 2010 | Case Updates, Firm News, News, Unfair Business Practices/Unfair Competition

Following the passage of Proposition 64 on November 2, 2004, in order to bring a representative claim under the unfair competition law (“UCL”), a plaintiff must meet the following standing requirements: (1) establish that he or she “has suffered injury in fact and has...